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U. DURGA PRASAD RAO, KIRANMAYEE MANDAVA
Trust Association of CBCNC – Appellant
Versus
H. R. R. Constructions Private Limited – Respondent
ORDER :
U. Durga Prasad Rao, J.
1. The petitioner/appellant/plaintiff filed the instant application U/s 5 of Limitation Act to condone delay of 2361 days in filing the appeal against the judgment dated 11.02.2015 in O.S No. 244/2006 on the file of I Additional District Judge, Visakhapatnam.
2. Petitioner's case is thus:
(b) The further case of the petitioner is that the petitioner being the chairman of TRUST Association, has been protecting the properties of the TRUST Association by filin
The court emphasized a liberal approach in evaluating sufficient cause for delay under Section 5 of the Limitation Act, prioritizing substantial justice over technicalities.
The court emphasized that a request for condoning a delay must be supported by credible evidence, reiterating strict adherence to limitation laws and principles of public policy that discourage undue....
The court held that the application for condonation of delay under Section 5 of the Limitation Act should be construed liberally to ensure substantial justice, especially when the delay is influenced....
The court ruled that mere negligence and inaction do not constitute sufficient cause for condoning a significant delay in filing an appeal.
(1) Un-condonable delay - Un-condonable delay cannot be condoned in a routine manner by the Courts. Law of Limitation is substantive and the Rule is to institute the proceedings within the time limit....
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